Jharkhand Court November 2003 Judgments
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Ganga Devi Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Nov-21-2003
Reported in: [2004(1)JCR21(Jhr)]
M.Y. Eqbal, J.1. In the instant writ application the petitioner has prayed for grant of compensation on account of death of her husband due to electrocution.2. Petitioner's husband Jainandan Mahto was an employee of Central Coalfied Limited posted at Rajrappa Project in the district of Hazaribagh. It is stated that the respondent-Jharkhand State Electricity Board left live electric wire of 33000 volts on the road at village, Kundra Kalan. Petitioner's husband was going on his scooter and because of live electric wire of 33000 volts lying abandoned on the road, the deceased was charged to death immediately on coming into contact with the said live wire. The scooter bearing registration No. BHM 2071 was completely burnt. A police case was registered under Sections 304A and 287 of the Indian Penal Code being Rajrappa P.S. case No. 191/2000. Petitioner's case is that on account of the aforesaid criminal act of negligence on the part of the respondent-Board and its authorities she became wi...
Annapurna Bose (Smt.) and ors. Vs. Shyama Pada Das (Sri)
Court: Jharkhand
Decided on: Nov-19-2003
Reported in: [2004(3)JCR273(Jhr)]
ORDERVishnudeo Narayan, J.1. Heard the learned counsel for the parties, on I.A. No. 2593 of 2003 which have jointly been filed by both parties supported by their respective affidavits.2. Respondent Shyama Pada Das was appointed guardian of the person and the property of Sanghamitra Bose and Jyortimoy Bose, both minors on the demise of their father and mother simultaneously as a result of burn injuries. Sanghamitra Bose has now attained majority though Jyortimoy Bose is still a minor. Sri Sayama Pada Das who was appointed their guardian is now dead.3. In view of the stipulation contained in Paragraphs 6 to 10 of the joint petition aforesaid, this appeal is disposed of in terms thereof. It shall form part of the decree, The impugned Judgment and the guardianship certificate having become in-fructuous due to the death of the guardian appointed therein, are hereby set aside. Sanghamitra Bose, the full sister of Jyortimoy Bose is hereby appointed as guardian of the person and the property o...
Jamhir Ansari Vs. Ketna Organ and anr.
Court: Jharkhand
Decided on: Nov-18-2003
Reported in: [2004(1)JCR407(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of plaintiff-appellant is directed against the impugned judgment and decree dated 16.3.1988 and 30.3.1988 passed in Title Appeal No. 9 of 1983/14 of 1983 by Shri B.N. Singh, 1st Additional Judicial Commissioner, Ranchi whereby and whereunder the said appeal was dismissed affirming the judgment and decree dated 22.12.1982 and 10.1.1983 passed in Title Suit No. 202 of 1981/62 of 1982 by Shri Ram Nath, Additional Sub-Judge, Ranchi.2. The original plaintiff-appellant has died during the pendency of this appeal and her heir and legal representative stands substituted in this case.3. The plaintiff-appellant had filed the aforementioned suit for declaration of her title in respect of the suit plot detailed in the Schedule at the foot of the plaint.4. The case of the original plaintiff-appellant, in brief, is that the suit plot aforesaid was recorded in the Revisional Survey Records of Right in the name of her father Sheikh Shohabat as 'Kaimi...
Bharat Coking Coal Ltd. Vs. their Workmen and anr.
Court: Jharkhand
Decided on: Nov-18-2003
Reported in: [2004(1)JCR514(Jhr)]; (2004)IIILLJ1088Jhar
ORDER1. This appeal under Clause 10 of the Letters Patent by the management challenges the order of the learned Single Judge dated 3.12.2002 passed in WP (L) No. 5447 of 2001. That writ petition was filed by the appellant, the management, challenging an award passed by the Central Government Industrial Tribunal No. 1 at Dhanbad on a reference to it of the following questions :'Whether the action of the management of Loyabad Colliery of M/s. BCCL, P.O. Bansjora, the services of S/Sh. Uday Nand Jha and 46 other stone cutters (as per list annexed) is justified? If not, to what relief are the concerned workmen entitled?'The award held thus :'The action of the management of Loyabad Colliery of M/s. BCCL in not regularizing the concerned persons as permanent employee is not justified. Consequently, they are entitled to be regularized as permanent employee of the BCCL in Loyabad Colliery and are entitled to the wages as per NCWA without back wages. They are ordered to be regularized within 30...
Coal India Limited Through Its Chairman and ors. Vs. Tej Narayan Pande ...
Court: Jharkhand
Decided on: Nov-18-2003
Reported in: 2004(1)BLJR96; [2004(1)JCR624(Jhr)]
P.K. Balasubramanyan, C.J.1. These appeals are filed against the common judgment of the learned Single Judge in Writ Petition Nos. 4815/01, 4838/01 and 1336/02 respectively. The common appellants are the respondents in the writ petition, being the Coal India Limited and its Officers. The various writ petitioners tiled the writ petitions praying for the issue of a writ of certiorari to quash an order dated 13.6.2001 passed by the Director (Personnel) of Bharat Coking Coal Limited rejecting the representations of the writ petitioners claiming selection to the executive cadre post. That order rejecting the representations was passed by the Director (Personnel) on the basis of a direction issued by this Court in CWJC No. 1715/2001 whereby, he was directed to consider the representations on merits and to take a decision on the prayer of the petitioners in those representations. According to the writ petitioners, the Chairmen-cum-Managing Directors of the subsidiaries of Coal India Ltd. at S...
Sheo Chand Kumar and ors. Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Nov-17-2003
Reported in: [2004(1)JCR158(Jhr)]
ORDERM.Y. Eqbal, J. 1. This writ application is directed against the order dated 4.4.1996 passed by respondent No. 6, the Project Officer (Washery), BCCL, Dhanbad of the respondents-BCCL whereby the provisional appointment given to the petitioners has been withdrawn and they have been stopped from doing their duties. These writ petitioners, who are 11 in number, also seek a direction upon the respondents to reinstate them in service with full back wages pursuant to the award dated 3.3.1983 passed in Reference Case No. 58/91.2. This case has a very chequered history. The petitioners along with others, at one point of time, were working as contract labours in the erstwhile company which was subsequently taken over by the respondents-BCCL. Those employees although became the employees of the BCCL and worked from December, 1979 to January, 1981 but they were removed from service, Consequent there upon an industrial dispute was raised and the matter was referred to the labour Court to adjud...
Parmeshwar Singh and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Nov-17-2003
Reported in: [2004(1)JCR278(Jhr)]; (2004)IILLJ675Jhar
M.Y. Eqbal, J.1. Heard Mr. P.P.N. Roy, learned counsel appearing for the petitioner and Mr. S.N. Das learned counsel appearing for the contesting respondents.2. The petitioner has challenged the notice dated 18.9.02 issued by the Recovery Officer (Bihar and Jharkhand), Employees State Insurance Corporation for the recovery of the amount and also for quashing the certificates dated 1.3.93 and 25.5.93 by which the liability of the petitioner was determined.3. The contention of the petitioner is that before determining the liability and issuing the certificates neither any notice was issued by the respondents nor opportunity of hearing was given. The respondents case on the other hand is that notice was issued to the petitioner but it was returned back by the postal authority unserved. It is useful to refer para 8 of the counter affidavit which reads as under.'That it is further stated that further opportunity for personal hearing of petitioner was also given by notice in form C.P. 26, by...
National Insurance Company Ltd. Vs. Bulaki Ram and ors.
Court: Jharkhand
Decided on: Nov-17-2003
Reported in: I(2004)ACC188; 2005ACJ697; [2004(101)FLR546]; [2004(1)JCR469(Jhr)]
ORDER1. Admittedly, Bhola Ram alias Bangali Ram was employed as Khalasi on the vehicle bearing registration No. BR 13-B-0037, which was owned by Late Madan Lal Jain. He died leaving behind a widow Tara Devi and a son, Vikas Jain. In the Claim application filed under the Workmen's Compensation Act, 1923 (hereinafter to be referred to as 'the Act') for compensation, the claimant Bulaki Ram named Tara Devi, wife of Madan Lal Jain, as owner of the vehicle and impleaded her as party. Her son Vikas Jain thereafter appeared and contended that he was the owner of the vehicle and not his mother, Tara Devi. As such the name of Tara Devi was deleted and in her place Vikas Jain was impleaded as owner of the vehicle.2. In his written statement, Vikas Jain admitted employment of the deceased as Khalasi over the vehicle in question and according to him the deceased was 22 years old and was getting salary of Rs. 1500/- per month. According to the claimant no doubt the deceased was 22 year's old at the...
Paras Kumar Choudhary Vs. Chancellor of the Universities of Bihar at P ...
Court: Jharkhand
Decided on: Nov-17-2003
Reported in: [2004(2)JCR71(Jhr)]
Amareshwar Sahay, J.1. In the instant writ application, the prayer of the petitioner is to quash Annexure-10 i.e. the order dated 20th of April, 1997, passed by the Chancellor of the Universities of Bihar i.e. the respondent No. 1 whereby the representation filed by the petitioner was rejected and the respondent No. 4 Shri Sharad Kumar was declared to be the senior most Lecturer working in the Post-Graduate Department of Sociology, Ranchi University, Ranchi. (The Ranchi University is hereinafter called as University for the sake of convenience). The further prayer of the petitioner is for a direction to the respondents to declare the petitioner to be the senior most Lecturer of the said Department of the University.2. The case of the petitioner is that for filling up the posts of Lecturer in the Post Graduate Department of Sociology in the Ranchi University, Ranchi, the petitioner along with others, including the respondent No. 4 Sharad Kumar, Dr. Ashok Kumar Amar, Shri Vinod Narayan a...
Indian Iron and Steel Company Ltd. Vs. Stefan Mandal and ors.
Court: Jharkhand
Decided on: Nov-14-2003
Reported in: [2004(1)JCR138(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the plaintiff-appellant has been preferred against the impugned judgment and decree dated 4.3.1980 and 15.3.1980 passed in Title Suit No. 37/19 of 1973/1977 by Shri Dharamdas Topno, 1st Additional District Judge, Dhanbad, whereby the said suit was dismissed.2. The plaintiff-appellant has filed the said suit for declaration of his title and recovery of possession of the Sand Preparation and Washing Plant along with its annexures and fixtures detailed in Schedule B of the plaint situate at Dangi Hill in the district of Dhanbad and in the alternative, a decree for realisation of Rs. 6,15,354.42. The plaintiff-appellant has also sought a decree of permanent injunction restraining the defendants-respondent from further operating or running the said plants and machineries and or intermeddling with the same and for the sale of the aforesaid machineries as per Schedule B during the pendency of the suit and/or, deposit of the sale proceed i...
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